[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S4738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2402. Mr. WHITEHOUSE (for himself, Mr. Graham, Mr. Blumenthal, Mr. 
Risch, and Mr. Bennet) submitted an amendment intended to be proposed 
by him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

        Subtitle G--Asset Seizure for Ukraine Reconstruction Act

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Asset Seizure for 
     Ukraine Reconstruction Act''.

     SEC. 1292. NATIONAL EMERGENCY DECLARATION RELATING TO HARMFUL 
                   ACTIVITIES OF RUSSIAN FEDERATION RELATING TO 
                   UKRAINE.

       The procedures under section 1293 shall apply if the 
     President--
       (1) declares a national emergency under section 201 of the 
     National Emergencies Act (50 U.S.C. 1621) with respect to 
     actions of the Government of the Russian Federation or 
     nationals of the Russian Federation that threaten the peace, 
     security, stability, sovereignty, or territorial integrity of 
     Ukraine; and
       (2) declares that the use of the procedures under section 
     1293 are necessary as a response to the national emergency.

     SEC. 1293. PROCEDURES.

       (a) Nonjudicial Forfeiture.--Property may be forfeited 
     through nonjudicial civil forfeiture under section 609 of the 
     Tariff Act of 1930 (19 U.S.C. 1609), without regard to 
     limitation under section 607(a)(1) of that Act (19 U.S.C. 
     1607(a)(1)), if--
       (1) the President makes the declaration described in 
     section 1292; and
       (2) the Attorney General, or a designee, makes the 
     certification described in subsection (b) with respect to the 
     property.
       (b) Certification.--After seizure of property and prior to 
     forfeiture of the property under subsection (a), the Attorney 
     General, or a designee, shall certify that, upon forfeiture, 
     the property will be covered forfeited property (as defined 
     in section 1708(c) of the Additional Ukraine Supplemental 
     Appropriations Act, 2023 (division M of Public Law 117-328; 
     136 Stat. 5200), as amended by this subtitle).

     SEC. 1294. EXPANSION OF FORFEITED PROPERTY AVAILABLE TO 
                   REMEDIATE HARMS TO UKRAINE FROM RUSSIAN 
                   AGGRESSION.

       (a) In General.--Section 1708(c) of the Additional Ukraine 
     Supplemental Appropriations Act, 2023 (division M of Public 
     Law 117-328; 136 Stat. 5200) is amended--
       (1) in paragraph (2), by striking ``which property 
     belonged'' and all that follows and inserting the following: 
     ``which property--
       ``(A) belonged to, was possessed by, or was controlled by a 
     person the property or interests in property of which were 
     blocked pursuant to any license, order, regulation, or 
     prohibition imposed by the United States under the authority 
     provided by the International Emergency Economic Powers Act 
     (50 U.S.C. 1701 et seq.) or any other provision of law, with 
     respect to--
       ``(i) the Russian Federation; or
       ``(ii) actions or policies that undermine the democratic 
     processes and institutions in Ukraine or threaten the peace, 
     security, stability, sovereignty, or territorial integrity of 
     Ukraine;
       ``(B) was involved in an act in violation of or a 
     conspiracy or scheme to violate--
       ``(i) any license, order, regulation, or prohibition 
     described in subparagraph (A); or
       ``(ii) any restriction on the export, reexport, or in-
     country transfer of items imposed by the United States under 
     the Export Administration Regulations, or any restriction on 
     the export, reexport, or retransfer of defense articles under 
     the International Traffic in Arms Regulations under 
     subchapter M of chapter I of title 22, Code of Federal 
     Regulations, with respect to--

       ``(I) the Russian Federation, Belarus, the Crimea region of 
     Ukraine, or the so-called `Donetsk People's Republic' or 
     `Luhansk People's Republic' regions of Ukraine;
       ``(II) any person in any such country or region on a 
     restricted parties list; or
       ``(III) any person located in any other country that has 
     been added to a restricted parties list in connection with 
     the malign conduct of the Russian Federation in Ukraine, 
     including the annexation of the Crimea region of Ukraine in 
     March 2014 and the invasion beginning in February 2022 of 
     Ukraine, as substantially enabled by Belarus; or

       ``(C) was involved in any related conspiracy, scheme, or 
     other Federal offense arising from the actions of, or doing 
     business with or acting on behalf of, the Russian Federation, 
     Belarus, the Crimea region of Ukraine, or the so-called 
     `Donetsk People's Republic' or `Luhansk People's Republic' 
     regions of Ukraine.''; and
       (2) by adding at the end the following:
       ``(3) The term `Export Administration Regulations' has the 
     meaning given that term in section 1742 of the Export Control 
     Reform Act of 2018 (50 U.S.C. 4801).
       ``(4) The term `restricted parties list' means any of the 
     following lists maintained by the Bureau of Industry and 
     Security:
       ``(A) The Entity List set forth in Supplement No. 4 to part 
     744 of the Export Administration Regulations.
       ``(B) The Denied Persons List maintained pursuant to 
     section 764.3(a)(2) of the Export Administration Regulations.
       ``(C) The Unverified List set forth in Supplement No. 6 to 
     part 744 of the Export Administration Regulations.''.
       (b) Extension of Authority.--Section 1708(d) of the 
     Additional Ukraine Supplemental Appropriations Act, 2023 is 
     amended by striking ``May 1, 2025'' and inserting ``the date 
     that is 3 years after the date of the enactment of the Asset 
     Seizure for Ukraine Reconstruction Act''.

     SEC. 1295. RULEMAKING.

       The Attorney General and the Secretary of the Treasury may 
     prescribe regulations to carry out this subtitle without 
     regard to the requirements of section 553 of title 5, United 
     States Code.

     SEC. 1296. TERMINATION.

       (a) In General.--The provisions of this subtitle shall 
     terminate on the date that is 3 years after the date of the 
     enactment of this Act.
       (b) Savings Provision.--The termination of this subtitle 
     under subsection (a) shall not--
       (1) terminate the applicability of the procedures under 
     this subtitle to any property seized prior to the date of the 
     termination under subsection (a); or
       (2) moot any legal action taken or pending legal proceeding 
     not finally concluded or determined on that date.
                                 ______